My wife went through a bus gate on 12/7/2017 at midday at this location in Bristolhttps://goo.gl/maps/DgZjj4LDZLK2Notice was posted on 18/7/2017Date of Service is taken as 20/7/2017Deadline for reduced charge is 3/8/2017Deadline for Reps is 17/8/2017

Here’s what happenedOn the morning of 12/7/2017 my wife took our pre-schooler and young baby to a forest school on Romney Avenue, Bristol.https://goo.gl/maps/HeEfApueioM2It was the first time she had ever been along this road and was approaching from the south. The warning sign is situated just prior to the school on the right. My wife does not recall seeing this sign, probably as she had seen the school and was scanning for parking.Parking was limited so she drove on and parked here https://goo.gl/maps/DgZjj4LDZLK2She parked at around 10 am, approximately 20 yds from the bus gate.

At 12:00 she returned to the car, loaded the children into and set off for home. She knew she had to take a left after the school to bring her back towards home but had already driven past the turning while looking for a parking space and not realised it. She set off down the road and almost immediately crossed the red painted section of road. She registered the sign but the lack of red painted road ahead and the lack of Bus Lane markings fooled her in to thinking the lane was either not in force yet (it’s a new development) or further ahead.

There was absolutely nothing for her to gain in using this bus lane and it turned a 1 mile journey in to 4 mile journey.

So my question is probably the same as many others: Are there grounds for a challenge?

The initial warning is ~ 220ft from the bus gate (not sure if this has any bearing)

According to the TSRGD table 36 item 13 “The road marking “BUS GATE” means a road or part of a road indicated by the sign shown in Table 6 item 10, 11, 12 or 18 when varied to include at least an exception for buses.” These are all red circle signs and not the blue sign used.

Referencing the blue signage the Traffic Signs Manual - 15.29 states “Where either a one-way or two-way road is reserved for buses and cycles, the entry points should be indicated by signs to diagram 953. The other end of a one-way road must have “no entry” signs to diagram 616 in accordance with paras 4.39 to 4.41. Where the order permits taxis to use the road or excludes cycles, the sign to diagram 953 shall be varied accordingly. As with contra-flow bus lanes, this sign must be used in combination with the “Only” plate to diagram 953.2. Where the road is for the exclusive use of buses, the sign to diagram 953 is varied to show only the bus symbol.” The “Only” sign is missing from both signs and is required. I understand there may be an exception if the council has secured DfT authorisation to allow them to use a variant sign.

Also referencing the blue signage (953) figure 15-8 of the traffic signs manual states “Direction 20(1) does not permit diagram 953 to be used without the “Only” plate to diagram 953.2”. I’m not sure what Direction 20 is though.

That 953 sign must be incorrect because taxis have access to all bus lanes in Bristol.

The PCN payment terms sets bells ringing----an 0870 premium number with a 2p per minute surcharge. Had this before I am sure in relation to the Credit Card case analogy.

Mick

In other words, an unlawful demand for money over and beyond the amount defined in law. Statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case". Bus lane regulations have no grounds of procedural impropriety (one has to ask why !), so this is the one that applies.

So it's taken me this long to realise the reps or payment are due tomorrow.This is what I'm going with (just shy of the 3000 character limit on the website) so any last minute suggestions would be fab.

Dear Sir or Madam,I write to appeal against the PCN on the following grounds:

1 - The 2p service charge for the telephone payment is an unlawful demand for money over and beyond the amount defined in law. Statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case".

There are further grounds on which I wish to appeal:

2 - The only warning sign before the bus gate is 220m before the bus gate (https://goo.gl/maps/pHwJDLNscSQ2 & http://i67.tinypic.com/1670ak2.jpg). It should be approximately 30m from the start according to the Traffic Signs Manual and TSGRD

3 - According to the TSRGD table 36 item 13 “The road marking “BUS GATE” means a road or part of a road indicated by the sign shown in Table 6 item 10, 11, 12 or 18 when varied to include at least an exception for buses.” These are all red circle signs and not the blue sign used.

4 - Referencing the blue signage the Traffic Signs Manual - 15.29 states “Where either a one-way or two-way road is reserved for buses and cycles, the entry points should be indicated by signs to diagram 953. The other end of a one-way road must have “no entry” signs to diagram 616 in accordance with paras 4.39 to 4.41. Where the order permits taxis to use the road or excludes cycles, the sign to diagram 953 shall be varied accordingly. As with contra-flow bus lanes, this sign must be used in combination with the “Only” plate to diagram 953.2. Where the road is for the exclusive use of buses, the sign to diagram 953 is varied to show only the bus symbol.” The “Only” sign is missing from both signs and is required http://i65.tinypic.com/jqkg9c.jpg (No "Only" sign)

5 - Also referencing the blue signage (953) figure 15-8 of the traffic signs manual states “Direction 20(1) does not permit diagram 953 to be used without the “Only” plate to diagram 953.2”.

6 - The PCN is for Code: 34J Being in a bus lane but I was never in a bus lane. There is nothing in the supplied images to suggest I was.

7 - Mitigation. On the morning of 12/7/2017 I took our two young children to a forest school on Romney Avenue, Bristol.https://goo.gl/maps/HeEfApueioM2It was the first time I had ever been along this road and was approaching from the south. I parked at around 10 am, approximately 20 yds from the bus gate.At 12:00 I returned to the car, loaded the children into and set off for home. I knew I had to take a left after the school to bring me back towards home but had already driven past the turning while looking for a parking space and not realised it. I set off down the road and almost immediately crossed the red painted section of road. I registered the sign but the lack of red painted road ahead and the lack of Bus Lane markings fooled me in to thinking the lane was either not in force yet (it’s a new development) or further ahead.There was absolutely nothing for me to gain in using this bus lane and it turned a 1 mile journey in to 4 mile journey.

Thanks so much for your help.Will open with point 7.I'll guess the most fitting option is "Other" as you can only tick one box online (seems to can select several on the PCN form)

QUOTE (Neil B @ Tue, 1 Aug 2017 - 23:06)

Maybe.I'm constantly bemused by people worrying about the discount.

I took it that the reps had to be in by 14 days in order to get a reset on the discount period. Having read again (for the nth time it feels) it mentions nothing about getting reps in by 14 days to get a reset.Does this mean I have until 28 days and they will usually reset the clock?